Kimbrough confirmed as TYC conservator

JIM VERTUNO

Published 7:00 pm, Wednesday, March 28, 2007

Associated Press Writer

The Senate confirmed Jay Kimbrough as conservator of the Texas Youth Commission on Thursday, giving the former Marine legal authority to decide how to shake up the juvenile justice agency wracked by a sex abuse scandal.

Appointed by Gov. Rick Perry, Kimbrough has promised sweeping changes within the juvenile justice system, including reviewing inmate sentences, segregating inmates by age and offense, firing staff members who have felony records and making top officials reapply for their jobs.

"We have grabbed this thing by the throat," Kimbrough said before the Senate voted 29-1 to confirm his appointment. Sen. Eliot Shapleigh, D-El Paso was the lone dissenting vote.

Kimbrough, who was wounded in Vietnam, later fought back tears when he told reporters he was honored to be entrusted to lead the cleanup.

"This is what we were fighting for," Kimbrough said. "A long time I've wondered, what was it for? It was for this. What these people have done here today, what they're going to empower me to do for the youth of this state. That's what the hell we were fighting for."

The Texas Youth Commission has been in turmoil since late February, when a two-year-old investigation into allegations of sexual abuse of inmates and a possible cover-up by TYC officials were reported.

Since then, the board and several top staffers have resigned amid ballooning allegations of physical and sexual abuse, and the supervisor of the juvenile lockup in Marlin was arrested on a misdemeanor charge of lying to investigators.

Kimbrough was previously appointed by Perry as "special master" to coordinate the investigation into the agency, but lawmakers complained he had no legal authority to order changes and questioned whether his role was proper.

Perry appointed him conservator Wednesday, which gave him specific legal authority, and the Senate rocketed through his confirmation 24 hours later.

Senators applauded Kimbrough's actions thus far and the get-tough, swashbuckling attitude he brings to the job.

"I think we'll see major reforms. Heads will roll," said Sen. John Whitmire, the Houston Democrat who chairs the Senate criminal justice committee.

Kimbrough vowed to stay aggressive.

Sen. Steve Ogden, R-Bryan, the chairman of the Senate Finance Committee, said budget writers have set aside an additional $50 million to help Kimbrough pay for some of the reforms he wants.

Whatever resources Kimbrough needs, "he's going to get," Ogden said.

Shapleigh questioned whether Kimbrough has a conflict of interest because of his previous jobs as top aides to Perry and in the attorney general's office.

Some lawmakers have questioned whether officials in those offices were too slow to react or ignored early reports of abuse in the West Texas State School in Pyote, where the scandal broke.

"The ultimate deal is you can't investigate yourself," Shapleigh said. "People had a job to do and they did not do their job. Who knew what when, and why did they not do the job?"

Kimbrough said he doesn't recall hearing about such reports until reading newspapers a few weeks ago, long after he left those jobs.

He also said he would stay out of separate criminal investigations by the state and the Travis County district attorney.

Shapleigh's remarks drew a sharp retort from Whitmire.

"Nothing points in the direction that he knew anything, not even a hint," Whitmire said. "Frankly, I don't care who knew what and when. I'll leave that to someone else."